WinPulse Media Terms of Service
1. Acceptance of these Terms
These Terms of Service ("Terms") govern access to and use of winpulsemedia.com (the "Site") and the WinPulse Media publishing platform (the "Platform"), both operated by WinPulse Media LLC ("WinPulse Media", "we", "us", or "our"). By creating an account, accessing the Site, or using the Platform, you ("you", "the user") agree to be bound by these Terms. If you do not agree, do not use the Site or Platform.
2. Description of the Service
The Platform is software that lets creators, brands, and media teams create, schedule, publish, and measure content across social media accounts they own and control, using the official APIs of the relevant platforms (including the TikTok Content Posting API, Meta Graph API, and YouTube Data API). Users register an account, connect their own social accounts through each platform's official authorization flow, and publish to those accounts through the Platform.
3. Eligibility and Acceptable Use
You must be at least the age of majority in your jurisdiction and capable of forming a binding contract to use the Platform. You agree to:
- use the Platform only to manage social media accounts that you own or are authorized to manage;
- comply with the terms, developer policies, and community guidelines of each connected platform, including the TikTok Terms of Service and TikTok Developer Terms, the Meta Platform Terms, and the YouTube Terms of Service;
- publish only content you own or have the rights to distribute, and not content that is unlawful, infringing, or violates a connected platform's policies;
- keep your account credentials confidential and not share your account with others; and
- refrain from using the Platform for any unlawful purpose, for spam or platform manipulation, or in any manner that could damage, disable, or impair any connected platform's services.
You are responsible for all activity under your account and for the content you publish through the Platform. We may suspend or terminate accounts that violate these Terms or a connected platform's policies.
4. Content and Intellectual Property
You retain all rights to the content you upload and publish through the Platform; you grant us only the limited rights necessary to store, process, and deliver that content to the accounts you connect. You are solely responsible for the content you publish. The Site, the Platform, and all associated software, trademarks, logos, and content are the property of WinPulse Media LLC or its licensors and are protected by applicable intellectual-property laws. Nothing in these Terms grants you any right, title, or interest in the Platform or such materials beyond the right to use the Service under these Terms.
5. Third-Party Platforms
The Platform interoperates with third-party social media services through their official APIs. Those services are governed by their own terms and policies, which you must comply with and which may also apply to your published content on those services. We are not responsible for the availability, functionality, or policies of any third-party service, and access to those services may change or be withdrawn by the third party at any time.
6. Privacy
Our handling of information is described in the WinPulse Media Privacy Policy, which is incorporated into these Terms by reference.
7. Disclaimers
THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WINPULSE MEDIA LLC AND ITS MEMBERS, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THESE TERMS. OUR AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100).
9. Indemnification
You agree to indemnify and hold harmless WinPulse Media LLC from and against any claims, liabilities, damages, and expenses (including reasonable attorneys' fees) arising from your violation of these Terms, your misuse of the Platform, or the content you publish through it.
10. Termination
We may suspend or terminate access to the Site or Platform at any time, with or without notice, for any reason, including violation of these Terms. Sections 4, 7, 8, 9, 11, and 12 survive any termination.
11. Governing Law
These Terms are governed by the laws of the state in which WinPulse Media LLC is organized, without regard to conflict-of-law principles. Any dispute arising under these Terms shall be resolved exclusively in the state or federal courts of that state, and the parties consent to personal jurisdiction in those courts.
12. Changes to these Terms; Severability; Entire Agreement
We may revise these Terms at any time by posting an updated version on this page with a new effective date; continued use after changes constitutes acceptance. If any provision of these Terms is held unenforceable, the remaining provisions remain in full force. These Terms constitute the entire agreement regarding the Site and Platform and supersede all prior understandings on that subject.
13. Contact
WinPulse Media LLC
Questions about these Terms: [email protected]